High Court Punjab-Haryana High Court

Ludhiana Improvement Trust vs President on 16 January, 2009

Punjab-Haryana High Court
Ludhiana Improvement Trust vs President on 16 January, 2009
         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
                                   CWP No.2205 of 1990
                                   Date of decision: 16.1.2009

Ludhiana Improvement Trust, Ludhiana                   ...Petitioner

                                 Versus
President, Land Acquisition Tribunal and another            ...Respondents

CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOEL
         HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Rupinder Khosla, Advocate
         for Ludhiana Improvement Trust.
                     -.-
ADARSH KUMAR GOEL,J. (Oral)

This petition has been filed by the Improvement Trust against

the award dated 4.12.1985 rendered by the Land Acquisition Tribunal under

the provisions of the Punjab Town Improvement Act, 1922 (for short `the

Act’).

Land of respondent No. 2 was acquired in pursuance of

notification dated 28.6.1981 under Section 36 of the Act and notification

dated 16.3.1982 under Section 42 of the Act. The Collector determined

compensation ranging from Rs.15/- to Rs.45/- per biswansi. The Tribunal

enhanced the same to Rs.10/- per square yard.

The Tribunal has based its award on a sale deed of 1960, while

the relevant notification in the present case is of 28.6.1981. Thus, the

compensation awarded by the Tribunal cannot held to be too high. In fact it

may be possible to say that the same is too low.

In view of the above, we do not find any substance in this

petition. The same is dismissed.


                                            (ADARSH KUMAR GOEL)
                                                JUDGE


16.1.2009                                   (JITENDRA CHAUHAN)
mk                                               JUDGE